LAKE CITY, Fla. – Two sisters who were arrested in connection with their older brother's shooting death in Columbia County last month were released from juvenile detention to the custody of the Florida Department of Children and Families.
Misty "Ariel" Kornegay, 15, and her 11-year-old sister were arrested on a charge of murder after their 16-year-old brother, Damien Kornegay, was shot and killed on Jan. 5.
Prosecutors told a Columbia County judge Thursday morning that they do not intend to proceed with criminal charges against the younger girl, but the older sister could still face charges.
"In reaching this decision (to not charge the 11-year-old), I considered the facts of the case, the mental and emotional status of the child, and the overall familial history and dynamics," State Attorney Jeff Siegmeister said in a news release.
Cliff Wilson, a state-appointed attorney representing the 11-year-old, commended the state attorney for "doing the right thing."
"This little girl is a victim in this case and not a perpetrator," Wilson said. "Today is a day that we saw that justice was actually served."
Paul Pittman and his wife breathed a sigh of relief when they heard their 11-year-old granddaughter would no longer face any charges. They have petitioned the court for custody of both girls, along with a 3-year-old who was also in the home when Damien Kornegay was shot and killed.
Since their parents were arrested on child neglect charges the day after the killing, all three sisters will be in protective custody as the case continues.
"We are working to ensure that they are safe," DCF spokesman John Harrell said. "In these type of cases, these children will receive services to help them in the healing process and to live normal lives."
Police said Ariel Kornegay admitted to shooting and killing her older brother while their parents were out of town. According to court papers, they locked Ariel in her her room for up to 40 days at a time with only a blanket and a bucket to use as a toilet.
According to the arrest report, Ariel talked her younger sister into letting her out of her room. The report said Ariel broke into her parents' locked bedroom to get their gun, then shot her brother while her two younger sisters hid in a closet.
Reports show the girls' uncle, who is now serving a life sentence, sexually assaulted the the 15-year-old over a period of years.
Seigmeister said he may decide by March 12, Ariel's next court, whether she will face criminal charges, adding that the history of family abuse will play a big factor in his decision.
"The older child, even if I charge her, I recognize she needs education, counseling and assistance for issues that have occurred in her life," Seigmeister said.
DOCUMENTS: Police say Misty Kornegay was abused
The two girls' parents -- Keith and Misty S. Kornegay -- were arrested when they returned to town the day after their son was killed.
Seigmeister said the parents are still being investigated for possible charges in the death of their son.
The parents bonded out of jail on Tuesday and attended a custody hearing on Wednesday, but were not in attendance at their daughters' hearing on Thursday morning.
They are expected to be in court Friday morning for a custody hearing for the 3-year-old.